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01b. Minutes - 03-14-23 - Regular Meeting

Downey City Council
April 11, 2023

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01b. Minutes - 03-14-23 - Regular Meeting
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April 11, 2023
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Downey City Council
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City Council Minutes
Regular Meeting – March 14, 2023 1

MINUTES OF THE

CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING – OPEN SESSION
MARCH 14, 2023

The City Council of the City of Downey held a Regular City Council Meeting – Open Session on March 14, 2023, at 6:32 p.m., in the Council Chambers of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, Mayor Frometa presiding.

PRESENT: Council Members:

Claudia M. Frometa Mayor
Mario Trujillo Mayor Pro Tem
Timothy Horn Council Member
Hector Sosa Council Member
Vacant Council Member, District 3

ALSO PRESENT: Roger Bradley, City Manager
Vaniah De Rojas, Interim Assistant City Manager
Melissa Crosthwaite, Interim Assistant City Attorney
Leslie Murray, Police Chief
Dan Hurlock, Fire Chief
Edwin Norris, Interim Public Works Director
Jason Chacon, Director of Parks & Recreation
Maria Rivas, Acting Assistant to the City Manager
M. Alicia Duarte, CMC, City Clerk

The Invocation was delivered by Pastor Charlie Rivera, New Season Downey Church. The Pledge of Allegiance was led by Mayor Pro Tem Trujillo.

Mayor Frometa acknowledged former Mayor Rick Rodriguez, Michael Calvert, Jeannie Wood, Carmen Padilla and her husband, Youth Commissioners, and Nolveris Frometa in the audience. She welcomed new City Manager Bradley.

CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;

CONFERENCE/MEETING REPORTS

Council Member Sosa reported attending the Read Across America event, the Gangs Out of Downey monthly meeting, the Downey Night Market Ribbon Cutting event, and the Veterans Peer Access Network Veterans Breakfast. He recognized the Veterans in the audience, including Brian Heyman, Lee Squire, and City Manager Bradley.

Council Member Horn reported attending the Veterans Peer Access Network Veterans Breakfast and requested to combine the Veterans Breakfast event with the Veterans Day event. He announced he will be attending a Downey Chamber of Commerce meeting, the Lakewood Chamber of Commerce meeting, the H2 Hydrogen Home tour, the Contract Cities tour, and the Gangs Out of Downey luncheon.

Mayor Pro Tem Trujillo recognized Women’s History Month and congratulated Mayor Frometa on her leadership in the City. He reported participating a visit with a delegation from the State of Michoacan, Mexico, the League of California Cities Membership meeting, the Downey Association of Realtors Lunch and Learn event, the Artists of Rancho Exhibition, and the Downey Night Market Ribbon Cutting event. He congratulated DIOSA restaurant on their grand opening. He acknowledged

City Council Minutes
Regular Meeting – March 14, 2023 2

former Mayor Rodriguez and Kathy Perez in the audience and thanked them for leading the Carpenters Anniversary Celebration. He requested staff contact the Downey Symphony Orchestra regarding a request for financial assistance. He invited the public to attend the 5K for TLC event and the Chamber of Commerce Street Faire.

Mayor Frometa welcomed the audience to the City Council meeting. She announced the launch of Mayor Frometa’s 90 Second Round Up on social media. She recognized Women’s History Month and Chief Murray as the first female Police Chief in Downey. She commented regarding the Mayor’s Legacy Award and women making a difference. She reported attending the Downey Night Market. She invited the public to attend the 5K for TLC event, the Chamber of Commerce Street Faire, the Keep Downey Beautiful Cleanup event, and the Downey One Day of Service event. She requested staff expedite the reopening of Fire Station No. 4. She requested staff address flashing signs on windows of local businesses, seasonal decorations, vehicles parked on lawns, and trash and debris at shopping centers south of the City. She requested an update regarding the Honda World project and requested staff revitalize the Veterans Council. She highlighted the Center for Military and Veteran Reintegration and invited the public to attend Coffee with the Mayor.

CITY MANAGER/STAFF MEMBER COMMENTS

City Manager Bradley thanked the City Council and expressed his excitement in joining the City.

He requested concurrence regarding future agenda items pertaining to the Downey Symphony request for financial assistance, the Honda World project, and the Veterans Council. The City Council provided concurrence for all three items. He acknowledged requests to prioritize the reopening of Fire Station 4, and Code Enforcement of flashing signs on windows of local businesses, vehicles parked on lawns, and maintenance of strip malls.

PRESENTATIONS

Mayor Frometa recognized women and mothers in honor of Women’s’ History Month.

1. City Clerk Duarte administered the Oath of Office to incoming City Manager Roger Bradley.

2. Mayor Frometa presented the Mayor’s Legacy Award to Dorothy Pemberton, Lissette Rivera, and Carrie Uva.

3. Mayor Frometa presented Certificates of Appointment to the 2022-2023 Downey Youth Commissioners.

4. Mayor Frometa presented a Proclamation in honor of National Vietnam War Veterans Day, March 29, 2023 to Brian Heyman.

5. Mayor Frometa with assistance from former Mayor Rodriguez presented Certificates of Appreciation to California State University Dominguez Hills students Lorena Diaz and Viridiana Gutierrez.

RECESS/RECONVENE

Mayor Frometa recessed the City Council meeting at 7:29 p.m. Mayor Frometa reconvened the City Council meeting at 7:33 p.m. with all Council Members present.

PUBLIC HEARINGS: None.

City Council Minutes
Regular Meeting – March 14, 2023 3

PUBLIC COMMENT ON AGENDA, CONSENT CALENDAR AND NON-AGENDA ITEMS

Mayor Frometa asked City Clerk Duarte if any written public comments were received regarding Agenda, Consent Calendar and Non-Agenda items. City Clerk Duarte confirmed no written public comments were received. Mayor Frometa asked if there was anyone present who would like to comment regarding Agenda, Consent Calendar and Non-Agenda items.

Armando Herman, non-resident, commented regarding the public comment period, taxes, homelessness and affordable housing, and Item No. 6.

Moe, non-resident, commented regarding Veterans, his family members, his love for the City, and civic engagement.

Lance Bradford, SEAACA employee, commented regarding salary and benefits for SEAACA employees, understaffing, the vaccine clinic, morale, and SEAACA funding.

Rick Rodriguez, resident and former Mayor, commented regarding Downey’s role in the Joint Powers Authority and in support for SEAACA employees.

Manuel Ojeda, resident, commented regarding traffic issues on Cecilia St.

BC, resident, commented regarding the public comment period, Council Members, public hearings, and Item No. 15.

John Lacey, resident, welcomed City Manager Bradley and commented regarding State housing mandates.

Lee Squire, resident, commented regarding National Vietnam War Veterans Day.

Non-resident, no name provided, commented regarding maintenance of the former American Legion located at 11269 Garfield Ave.

Christopher Rowland, resident, commented regarding the installation of fencing on Manzanar Ave. and issues with Tacos Don Goyo.

Michael Gonzalez, resident, commented regarding the installation of fencing on Manzanar Ave. and issues with Tacos Don Goyo.

Jose, resident, commented regarding parking issues on Bellflower Blvd. due to parking restrictions in the City.

Having no one else, Mayor Frometa closed public comment.

CONSENT CALENDAR

Mayor Pro Tem Trujillo abstained from Item Nos. 2 and 3 due to owning real property in the area.

Council Member Horn abstained from Item No. 15 and announced he had not yet made a decision regarding this item.

Council Member Sosa requested to continue Item No. 15 to the March 28, 2023 Council meeting.

City Council Minutes
Regular Meeting – March 14, 2023 4

It was moved by Council Member Sosa, seconded by Mayor Pro Tem Trujillo, and carried 4-0, to approve the remainder of the Consent Calendar.

1. WARRANTS ISSUED: Warrant Nos. 366183 – 366494; Payroll Wire Nos. 30004321 – 30004323 and 3004325; EFT Nos. 12266 – 12308; and Manual Wire Nos. 2352 – 2357, in the total amount of $3,723,264.70: Finance.

2. ACCEPTED WORK FOR FY 2022/23 ANNUAL MISCELLANEOUS CONCRETE REPAIRS (COUNCIL DISTRICT 4), AMERICAN WITH DISABILITIES ACT (ADA) AND MISCELLANEOUS IMPROVEMENTS (CITYWIDE), AND LAKEWOOD BLVD. PARKWAY IMPROVEMENTS; APPROVED FINAL CONSTRUCTION CONTRACT AMOUNT OF $646,577.87; AND,

AUTHORIZED THE INTERIM DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO FILE THE NOTICE OF COMPLETION (CAPITAL IMPROVEMENT PROJECT NO. 23-01): Public Works.

3. APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED SOLICITATION FOR BIDS FOR 4TH ST. WATER SYSTEM IMPROVEMENTS AND FURTHER FINDING THAT THE

PROJECT IS EXEMPT FROM THE REQUIREMENTS CONTAINED IN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15282(K) (CAPITAL IMPROVEMENT PROJECT NO. 23-20): Public Works.

4. APPROVED CHANGE ORDER NO. 1 IN THE AMOUNT OF $158,688 FOR FIRE STATION NO. 4 FIRE DAMAGE REPAIR AND RECONSTRUCTION; AND, AUTHORIZED THE INTERIM

DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE ANY CHANGE ORDERS OR

ADDITIONAL SCOPE OF WORK FOR THIS PROJECT DEEMED NECESSARY OR DESIRABLE UP TO THE APPROVED PROJECT BUDGET (CAPITAL IMPROVEMENT PROJECT NO. 23-26):

Public Works.

5. APPROVED THE PLANS AND SPECIFICATIONS AND AUTHORIZED THE SOLICITATION OF

BIDS FOR TRAFFIC SIGNAL, FLASHING BEACON AND FIBER-OPTIC COMMUNICATIONS MAINTENANCE SERVICES: Public Works.

6. APPROPRIATED $2,049,932.24, FROM SPECIAL REVENUE FUND 35, TO PURCHASE TWO FIRE ENGINES FROM SOUTH COAST FIRE EQUIPMENT, INC., TO REPLACE TWO 2001 FIRE ENGINES CURRENTLY IN SERVICE AS RESERVE EMERGENCY RESPONSE APPARATUS:

Fire.

7. AUTHORIZED THE PURCHASE OF A NEW LED THEATRICAL LIGHTING SYSTEM FOR THE DOWNEY THEATRE IN THE AMOUNT OF $65,000: Parks & Recreation.

8. APPROVED THE PROFESSIONAL SERVICES AGREEMENT WITH JONES MAYER FOR PROFESSIONAL ON-CALL LEGAL SERVICES RELATED TO RIGHT-OF-WAY ACQUISITION; AUTHORIZED THE MAYOR TO EXECUTE THE AGREEMENT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE AGREEMENT AS NECESSARY: Public Works.

9. AUTHORIZED THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE MASTER

AGREEMENT WITH THE REGIONAL OPEN SPACE DISTRICT (RPSOD), IN ORDER TO ACCESS TECHNICAL ASSISTANCE PROGRAM (TAP) FUNDS: Parks & Recreation.

10. AUTHORIZED THE CITY MANAGER TO APPROVE AND EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF DOWNEY AND THE LOS ANGELES PUBLIC LIBRARY TO COLLABORATE ON BRINGING THE L.A. MAKER FAIRE TO THE COLUMBIA MEMORIAL SPACE CENTER’S CITY OF STEM PROGRAM; AND, AUTHORIZED

THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE MOU OR NEW

City Council Minutes
Regular Meeting – March 14, 2023 5

AGREEMENTS BETWEEN THE CITY OF DOWNEY AND LOS ANGELES PUBLIC LIBRARY:

CMSC.

11. APPROVED AMENDMENTS TO THE MASTER COOPERATIVE AGREEMENT (MCA) WITH THE

LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY FOR THE DESIGN,

CONSTRUCTION, OPERATION AND MAINTENANCE OF A PORTION OF THE WEST SANTA ANA BRANCH TRANSIT CORRIDOR PROJECT; AND, AUTHORIZED THE CITY MANAGER TO EXECUTE THE AMENDMENTS TO THE MCA: Administration.

12. APPROVAL OF FINAL PARCEL MAP NO. 74786 AND AGREEMENT FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 11613 ADENMOOR AVE.: Public Works.

ADOPTED RESOLUTION NO. 23-8156, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL PARCEL MAP NO. 74786 AND AGREEMENT WITH

THE SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS

13. APPROVED PUBLIC HEARING DATE AND TIME FOR GRANTING OF FRANCHISE FOR TOWING AND STORAGE SERVICES: Police.

1) ADOPTED RESOLUTION NO. 23-8157, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF DOWNEY DECLARING ITS INTENTION TO GRANT A FRANCHISE

AGREEMENT FOR TOWING AND STORAGE SERVICES AND SETTING FORTH THE NOTICE OF THE TIME AND DATE FOR HEARING ANY OBJECTIONS THERETO; AND,

2) SET PUBLIC HEARING DATE AND TIME FOR GRANTING THE FRANCHISE AGREEMENT FOR TOWING AND STORAGE SERVICES FOR M ARCH 28, 2023 AT 6:30 P.M.

14. AUTHORIZED THE HIRING OF RETIRED ANNUITANT TO THE POSITION OF INTERIM

DIRECTOR OF COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE SECTION 21221(h): Human Resources.

ADOPTED RESOLUTION NO. 23-8158, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF DOWNEY AUTHORIZING THE HIRING OF RETIRED ANNUITANT TO THE

POSITION OF INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT PURSUANT TO GOVERNMENT CODE SECTION 21221(h)

15. RESOLUTION TO OPPOSE BALLOT INITIATIVE NO. 21-0042A1 (THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT” INITIATIVE) WHICH RESTRICTS VOTERS' INPUT AND LOCAL TAXING AUTHORITY: Administration.

ADOPT RESOLUTION NO. 23-______, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING BALLOT INITIATIVE 21-0042Al (THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT” INITIATIVE) WHICH

RESTRICTS VOTERS' INPUT AND LOCAL TAXING AUTHORITY

Item No. 15 was continued to a future meeting.

16. ADOPTED ORDINANCE NO. 23-1504, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III (“PUBLIC SAFETY”), CHAPTER 1 (“TRAFFIC REGULATIONS”), PART 10 (“STOPPING, STANDING AND PARKING”) OF THE DOWNEY

MUNICIPAL CODE REGULATING THE OVERNIGHT PARKING OF OVERSIZED VEHICLES

City Council Minutes
Regular Meeting – March 14, 2023 6

AND CREATING A PERMIT PROGRAM FOR PARKING OF RECREATIONAL VEHICLES:

Police.

17. APPROVED BUDGET CALENDAR FOR THE FISCAL YEAR 2023-2024 BUDGET:

Administration.

18. APPROVED THE STREET CLOSURE APPLICATION SUBMITTED BY THE DOWNEY CHAMBER OF COMMERCE TO CLOSE BROOKSHIRE AVE. FROM FIRESTONE BLVD. TO CIVIC CENTER DR. FOR THE CHAMBER’S ANNUAL STREET FAIRE TO BE HELD ON MARCH 18, 2023: Community Development.

19. APPROVED FEE WAIVER REQUEST FROM KIWANIS LOS AMIGOS FOR USE OF THE SHOWMOBILE FOR THE KIWANIS LOS AMIGOS ANNUAL CAR SHOW ON APRIL 1, 2023:

Mayor Frometa.

ADMINISTRATIVE REPORTS

20. PRESENTATION AND DISCUSSION REGARDING PARKING IN THE CITY: Council Member Horn.

Council Member Horn discussed residential parking issues in Downey. He expressed his desire to find a solution to avoid paid parking or restricted parking. He detailed issues including use of garages as storage, workshops, parking for non-operational vehicles, extra rooms, game rooms, gyms, and businesses; parking of boats, recreational vehicles, campers, and storage containers in driveways blocking use of garages; the number of individuals residing in a single-family home; use of parking spaces for work vehicles and home-based businesses; the width of driveways being unable to accommodate parking needs; more than one home or apartments on a property leading to limited parking; clients of home-based businesses using the neighborhood as a parking lot; lack of parking such as a garage or alley for certain properties; blocking of garages located behind the home; overflow parking from nearby apartments, townhomes, and condominiums; the number of parking spaces reserved at the planning stage; use of front or backyards to park vehicles; and, garages or driveways being unable to accommodate larger vehicles. He requested to place an item on a future agenda for a deeper discussion and for the Interim City Attorney to research the legal issues regarding use of garages.

Mayor Frometa requested to confirm Council Member Horn’s request to research the issue and place the item on a future agenda.

Council Member Horn confirmed his request to discuss the matter at a future City Council meeting. He expressed concerns regarding the issue in the future and commented regarding paid parking permits and parking restrictions in other cities.

Mayor Frometa commented regarding the jurisdiction of the City in dictating how residents use their garages. She stated staff may study how the City is addressing parking in areas of need. She commented regarding issues such as preferential parking permits displacing residents of streets such as Bellflower Blvd. where parking is prohibited. She reiterated the City cannot dictate how residents use private property given State legislation related to Accessory Dwelling Units

Council Member Horn commented regarding educating residents on how alternative uses of garages affects parking and his experience regarding parking issues in his neighborhood. He commented in favor of taking a more in-depth look at how to solve this issue. He commented regarding paid parking or four-hour zones implemented in other cities. He noted not all neighborhoods qualify for preferential parking and commented regarding the preferential parking zone process. He commented regarding resolving the issue before it worsens.

City Council Minutes
Regular Meeting – March 14, 2023 7

City Manager Bradley commented regarding the timeframe necessary to prepare a report for the City Council. He suggested reviewing the matter during a Council Priorit ies workshop and requested direction from the City Council.

Mayor Pro Tem Trujillo commented in favor of conducting a study session or forming a committee to discuss the matter.

Mayor Frometa clarified whether Mayor Pro Tem Trujillo was suggesting creation of an ad hoc committee.

Council Member Sosa commented in support of creating an ad hoc committee.

Mayor Frometa commented in favor of discussion of the matter as a future agenda item with staff’s recommendation to address the issue. She commented regarding the issue of parking in many neighborhoods and feedback from apartment dwellers regarding inability to park in their neighborhood.

She commented regarding the need to be efficient and purposeful regarding the goals of the City Council and how to address the multi-faceted issue.

Mayor Pro Tem Trujillo commented regarding parking issues for residents of Bellflower Blvd. and creating a parking zone that allows Bellflower Blvd. residents to obtain a parking permit. He stated an ad hoc committee would be appropriate to study the creation of a parking zone.

Mayor Frometa proposed creation of an ad hoc committee and suggested Council Member Horn serve on the committee.

Interim Assistant City Attorney Crosthwaite advised the City Council to allow staff time to consider the issues brought up by Council Member Horn and prepare a report to answer questions and provide alternatives before proceeding with an ad hoc committee or study session.

Council Member Horn highlighted the need to involve the public and receive their feedback. He suggested this may require an ad hoc committee. He emphasized awareness that members of the public will be involved in the solution and it will not become a last-minute issue.

Mayor Frometa thanked Council Member Horn for bringing up the item and stated the City would address the issue.

Council Member Horn stated the public, the City Council, and the City administration must be on board to resolve the issue.

It was moved by Mayor Frometa, seconded by Council Member Sosa and carried 4-0, to bring discussion of the item to a City Council meeting in April.

ADJOURNMENT

Mayor Frometa adjourned the Regular City Council meeting at 8:31 p.m. in memory of the lives lost due to COVID-19.

MARIA ALICIA DUARTE, CMC CLAUDIA M. FROMETA
City Clerk Mayor

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